An Allentown truck driver accused of falling asleep at the wheel in a fatal Williams Township crash last year pleaded no contest after appearing to doze off during court proceedings Monday.
After lawyers spent hours picking a jury, Robert Gawne told Northampton County Judge Michael Koury he no longer wished to proceed to trial. Gawne, who appeared to doze off during the court proceedings, said he was prepared to change his not guilty plea.
"What do they call it? No contest?" a groggy Gawne said from the defense table.
After negotiations between Koury, defense attorney Christopher Shipman and Assistant District Attorney Joseph Lupickino, Gawne agreed to accept a state prison sentence of four and a half to nine years in return for pleading no contest to vehicular homicide, involuntary manslaughter, two counts of reckless endangerment and five traffic violations. Gawne also agreed to surrender his appeal rights as part of the deal.
Koury, concerned that Gawne was simply trying to delay the trial, insisted Gawne be sentenced immediately. The judge extensively questioned Gawne, who showed up to court 50 minutes late and seemingly dazed from prescription medication, to make sure he was knowingly and intelligently entering the plea deal.
"Is there anything, anything -- the medication -- anything that is preventing you from understanding what is happening here today?" Koury asked.
"No, sir," Gawne answered.
Lupickino said Gawne was returning to the Lehigh Valley Jan. 13, 2014, after driving his ShopRite tractor-trailer to Massachusetts the day before. Gawne became tired on the road and rolled down his window and cranked up his radio in an effort to stay awake, he said.
Gawne fell asleep as he approached the Williams Township Interstate 78 toll plaza, and his tractor-trailer struck a concrete barrier, flew into the air and landed on a 2000 Ford Taurus stopped at the toll, Lupickino said. The tractor-trailer was traveling at least 57 miles per hour at the time of the crash, he said. Both vehicles slid through the toll booth and onto the side of the road, where they burst into flame, Lupickino said.
Daniel C. Murphy, the 65-year-old driver of the Taurus, died of smoke inhalation and burns from the crash, Lupickino said. Gawne walked away without injury, police said.
"Truck drivers are and should be held to a higher standard, especially for the safety of other drivers," Lupickino said. He also applauded Koury for insisting Gawne serve the maximum sentence allowed under the law.
Before being taken away by deputies, Gawne apologized to "family members of my accident." He asked Koury delay his report date to prison so he could make living arrangements for his mother, a request Koury denied.
The hearing was attended by the widow of Murphy, who was from Washington Township, Morris County; one of his adult daughters; and Robert George, the toll collector who narrowly avoided injury in the crash. All three declined to speak during the hearing. Afterward, attorney John Dodig thanked prosecutors and Koury on behalf of Murphy's survivors.
"They wanted to thank the district attorney and all the state troopers for vigorously pursuing justice, which will hopefully take some important steps to changing the rules of the road with regard to requires hours of rest and removing fatigued drivers from the highways," Dodig said.
The family has filed a civil lawsuit in Philadelphia County against Gawne, ShopRite and its corporate owner, Wakefern Food Corp., among others, Dodig said.